FCRA – 2011 Foreign Contribution (Regulation) Rules, 2011

In exercise of the powers conferred by section 48 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), the Central Government hereby makes the following rules, namely: –

Short title and commencement.

1. (1) These rules may be called the Foreign Contribution (Regulation) Rules, 2011.

(2) They shall come into force on the date on which the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) shall come into force*.

Definitions.

2. (1) In these rules unless the context otherwise requires,-

(a) ”Act” means the Foreign Contribution (Regulation) Act 2010;

(b) ”chartered accountant” shall have the meaning assigned to it in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949;

(c) ”Form” means a form appended to these rules;

(d) ”section” means section of the Act;

(e) ”year” means the financial year commencing from the 1st day of April and ending on the 31st day of March of the next calendar year;

(2) Words and expressions used and not defined herein but defined in the Act shall have the meaning assigned to them in the Act.

Guidelines for declaration of an organisation to be of a political nature, not being a political party.

3. The Central Government may specify any organisation as organisation of political nature on one or more of the following grounds:-

(i) organisation having avowed political objectives in its Memorandum of Association or bylaws;

(ii) any Trade Union whose objectives include activities for promoting political goals;

(iii) any voluntary action group with objectives of a political nature or which participates in political activities;

(iv) front or mass organisations like Students Unions, Workers’ Unions, Youth Forums and Women’s wing of a political party;

(v) organisation of farmers, workers, students, youth based on caste, community, religion, language or otherwise, which is not directly aligned to any political party, but whose objectives, as stated in the Memorandum of Association, or activities gathered through other material evidence, include steps towards advancement of political interests of such groups;

(vi) any organisation, by whatever name called, which habitually engages itself in or employs common methods of political action like ‘bandh’ or ‘hartal’, ‘rasta roko’, ‘rail roko’ or ‘jail bharo’ in support of public causes.

Speculative activities.

4.(1)The following activities shall be treated as speculative activities:-

(a) any activity or investment that has an element of risk of appreciation or depreciation of the original investment, linked to market forces, including investment in mutual funds or in shares;

(b) participation in any scheme that promises high returns like investment in chits or land or similar assets not directly linked to the declared aims and objectives of the organisation or association.

(2) A debt-based secure investment shall not be treated as speculative investment.

(3) Every association shall maintain a separate register of investments.

(4) Every register of investments maintained under sub-rule (3) shall be submitted for audit.

Administrative expenses.

5. The following shall constitute administrative expenses:-

(i) salaries, wages, travel expenses or any remuneration realised by the Members of the Executive Committee or Governing Council of the person;

(ii) all expenses towards hiring of personnel for management of the activities of the person and salaries, wages or any kind of remuneration paid, including cost of travel, to such personnel;

(iii) all expenses related to consumables like electricity and water charges, telephone charges, postal charges, repairs to premise(s) from where the organisation or Association is functioning, stationery and printing charges, transport and travel charges by the Members of the Executive Committee or Governing Council and expenditure on office equipment;

(iv) cost of accounting for and administering funds;

(v) expenses towards running and maintenance of vehicles;

(vi) cost of writing and filing reports;

(vii) legal and professional charges; and

(viii)rent of premises, repairs to premises and expenses on other utilities:

Provided that the expenditure incurred on salaries or remuneration of personnel engaged in training or for collection or analysis of field data of an association primarily engaged in research or training shall not be counted towards administrative expenses:

Provided further that the expenses incurred directly in furtherance of the stated objectives of the welfare oriented organisation shall be excluded from the administrative expenses such as salaries to doctors of hospital, salaries to teachers of school etc.

Intimation of receiving foreign contribution from relatives.

6. Any person receiving foreign contribution in excess of one lakh rupees or equivalent thereto in a financial year from any of his relatives shall inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution.

Receiving foreign hospitality by specified categories of persons.-

7. (1) Any person belonging to any of the categories specified in section 6 who wishes to avail of foreign hospitality shall apply to the Central Government in Form FC-2 for prior permission to accept such foreign hospitality.

(2) Every application for acceptance of foreign hospitality shall be accompanied by an invitation letter from the host or the host country, as the case may be, and administrative clearance of the Ministry or department concerned in case of visits sponsored by a Ministry or department of the Government.

(3) The application for grant of permission to accept foreign hospitality must reach the appropriate authority ordinarily two weeks before the proposed date of onward journey.

(4) In case of emergent medical aid needed on account of sudden illness during a visit abroad, the acceptance of foreign hospitality shall be required to be intimated to the Central Government within sixty days of such receipt giving full details including the source, approximate value in Indian Rupees, and the purpose for which and the manner in which it was utilised.

Provided that no such intimation is required if the value of such hospitality in emergent medical aid is upto one lakh rupees or equivalent thereto.

Action in respect of article, currency or security received in contravention of the Act.

8.(1) The Central Government may issue a prohibitory order for contravention of the Act in respect of any article, currency or securities.

(1) The prohibitory order issued under sub-rule (1) shall be served on the person concerned in the following manner :-

(a) by delivering or tendering it to that person or to his duly authorised agent; or

(b) by sending it to him by ‘registered post with acknowledgement due’ or ‘speed post’ to the address of his last known place of residence or the place where he carries on, or is known to have last carried on, business or the place where he personally works for gain or is known to have last worked for gain and, in case the person is an organisation or an association, to the last known address of the office of such organisation or association; or

(c) if it cannot be served in any of the manner aforesaid, by affixing it on the outer door or some other conspicuous part of the premises in which that person resides or carries on, or is known to have last carried on, business or personally works for gain, or is known to have last worked personally for gain and, in case the person is an organisation or an association, on the outer door or some other conspicuous part of the premises in which the office of that organisation or association is located, or is known to have been last located, and the written report whereof should be witnessed by at least two persons.

9. (1)(a) An application under sub-section (1) of section 11 for registration of a person for acceptance of foreign contribution shall be made electronically on-line in Form FC-3, and shall be followed by forwarding the hard copy of the on-line application duly signed by the Chief Functionary of the association together with the required documents.

(b) The hard copy of the on-line application referred in clause (a) shall reach the Central Government within thirty days of the submission of the on-line application, failing which the request of the person shall be deemed to have ceased.

(c) Any person whose request has ceased under clause (b) of sub-rule (1) may prefer a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application.

(d) A person seeking registration shall be required to open an exclusive bank account to receive the foreign contribution.

(e) The person may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and, in all such cases, intimation on plain paper shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within fifteen days of the opening of any account.

(2)(a) An application under sub-section (2) of section 11 for obtaining prior permission of the Central Government to receive foreign contribution shall be made electronically on-line in Form FC-4 and shall be followed by forwarding the hard copy of the on-line application duly signed by the Chief Functionary of the Association together with the required documents.

(b) The hard copy of the on-line application shall reach the Central Government within thirty days of filing of the online application, failing which the request of the person shall be deemed to have ceased.

(c) Any person whose request has ceased under clause (b) of sub-rule (2) may prefer a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application.

(d) A person seeking prior permission under this rule shall be required to open an exclusive bank account for the receipt of foreign contribution.

(e) A person seeking prior permission under this rule may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and in all such cases intimation on plain paper shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within fifteen days of the opening of any account.

(3) No person shall prefer a second application for registration or prior permission within a period of six months after submitting an application either for the grant of prior permission for the same project or for registration.

(4)(a) An application made for the grant of prior permission shall be accompanied by a fee of Rs.1000 (One Thousand only).

(b) An application made for the grant of the registration shall be accompanied by a fee of 2000 (Two Thousand only).

(c) The fee may be revised by the Central Government from time to time.

(d) The fee, as applicable, shall be remitted by demand draft or banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.

(5) Notwithstanding anything contained in sub-rules (1) to (4), every application made for registration or prior permission under the Foreign Contribution (Regulation) Act, 1976 (49 of 1976) but not disposed of before the date of commencement of these rules shall be deemed to be an application for registration or prior permission, as the case may be, under these rules, subject to the condition that the applicant furnishes the prescribed fees for such registration or prior permission, as the case may be.

Validity of certificate.

10. Every certificate or registration granted to a person under the Act shall be valid for a period of five years from the date of its issue.

Maintenance of accounts

11. Every person who has been granted registration or prior permission under section 12 shall maintain a separate set of accounts and records, exclusively, for the foreign contribution received and utilised.

Renewal of registration certificate.

12.(1) Every certificate of registration issued to a person shall be liable to be renewed after the expiry of five years from the date of its issue on proper application.

(2) Every person shall apply to the Central Government in Form FC-5, six months before the date of expiry of the certificate of registration, for its renewal.

(3) A person implementing an ongoing multi-year project shall apply for renewal twelve months before the date of expiry of the certificate of registration.

(4) An application made for renewal of the certificate of registration shall be accompanied by a fee of Rs.500 (Five Hundred only).

(5) The fee for renewal of the certificate of registration shall be remitted by demand draft or banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.

(6) In case no application for renewal of registration is received or such application is not accompanied by the requisite fee, the validity of the certificate of registration of such person shall be deemed to have ceased from the date of completion of the period of five years from the date of the grant of registration.

Illustration. – A certificate of registration granted on the 1st January, 2012 shall be valid till the 31st December, 2016. A request for renewal of the registration certificate shall reach the Central Government, accompanied by the requisite fee, by the 30th June, 2016. If no application is received or is not accompanied by the renewal fee, the validity of the registration certificate issued on the 1st January 2012 shall be deemed to have lapsed with effect from the close of the day on 31st December, 2016.

(7) If the validity of the certificate of registration of a person has ceased in accordance with the provisions of these rules, a fresh request for the grant of a certificate of registration may be made by the person to the Central Government as per the provisions of rule 9.

(8) In case a person provides sufficient grounds, in writing, explaining the reasons for not submitting the certificate of registration for renewal within the stipulated time, his application may be accepted for consideration along with the requisite fee, but not later than four months after the expiry of the original certificate of registration.

In the event of receipt of foreign contribution in excess of one crore rupees in a financial year.

13. In case a person who has been granted a certificate of registration or prior permission receives foreign contribution in excess of one crore rupees, or equivalent thereto, in a financial year, he/it shall place the summary data on receipts and utilisation of the foreign contribution pertaining to the year of receipt as well as for one year thereafter in the public domain. Besides, the Central Government shall also display or upload the summary data of such persons on its website for information of the general public.

Extent of amount that can be utilised in case of suspension of the certificate of registration.

14. The unspent amount that can be utilised in case of suspension of a certificate of registration may be as under: –

(a) In case the certificate of registration is suspended under sub-section (1) of section 13 of the Act, up to twenty-five per cent of the unutilised amount may be spent, with the prior approval of the Central Government, for the declared aims and objects for which the foreign contribution was received.

(b) The remaining seventy-five per cent of the unutilised foreign contribution shall be utilised only after revocation of suspension of the certificate of registration.

Custody of foreign contribution in respect of a person whose certificate has been cancelled.

15.(1) The amount of foreign contribution lying unutilised in the exclusive foreign contribution bank account of a person whose certificate of registration has been cancelled shall vest with the banking authority concerned till the Central Government issues further directions in the matter.

(2) If a person whose certificate of registration has been cancelled transfers/has transferred the foreign contribution to any other person, the provisions of sub-rule (1) of this rule shall apply to the person to whom the fund has been transferred.

Reporting by banks of receipt of foreign contribution.

16. (1) Every bank shall send a report to the Central Government within thirty days of any transaction in respect of receipt of foreign contribution by any person who is required to obtain a certificate of registration or prior permission under the Act, but who was not granted such certificate or prior permission as on the date of receipt of such remittance.

(1) The report referred to in sub-rule (1) shall contain the following details: –

(a) Name and address of the donor.

(b) Name and address of the recipient.

(c) Account number.

(d) Name of the Bank and Branch.

(e) Amount of foreign contribution (in foreign currency as well as Indian Rupees).

(3) The bank shall send a report to the Central Government within thirty days from the date of such last transaction in respect of receipt of any foreign contribution in excess of one crore rupees or equivalent thereto in a single transaction or in transactions within a duration of thirty days, by any person, whether registered or not under the Act and such report shall include the following details:-

(a) Name and address of the donor.

(b) Name and address of the recipient.

(c) Account number.

(d) Name of the Bank and Branch.

(e) Amount of foreign contribution (in foreign currency as well as Indian Rupees).

17.(1) Every person who receives foreign contribution under the Act shall submit a report in Form FC-6, accompanied by an income and expenditure statement, receipt and payment account, and balance sheet for every financial year beginning on the 1st day of April within nine months of the closure of the financial year, to the Secretary to the Government of India, Ministry of Home Affairs, New Delhi.

(2) The annual return in Form FC-6 shall reflect the foreign contribution received in the exclusive bank account and include the details in respect of the funds transferred to other bank accounts for utilisation.

(3) If the foreign contribution relates only to articles, the intimation shall be submitted in Form FC-7.

(4) If the foreign contribution relates to foreign securities, the intimation shall be submitted in Form FC-8.

(5) Every report submitted under sub-rules (2) to (4) shall be duly certified by a chartered accountant

(6) Every such return in Form FC-6 shall also be accompanied by a copy of a statement of account from the bank where the exclusive foreign contribution account is maintained by the person, duly certified by an officer of such bank.

(7) The accounting statements referred to above in the preceding sub-rule shall be preserved by the person for a period of six years.

(8) A ‘NIL’ report shall be furnished even if no foreign contribution is received during a financial year.

Foreign contribution received by a candidate for election.

18. Foreign contribution received by a candidate for election, referred to in section 21, shall be furnished in Form FC-9 within forty-five days from the date on which he is duly nominated as a candidate for election.

Limit to which a judicial officer, not below the rank of an Assistant Sessions Judge may make adjudication or order confiscation.

19. An officer referred in clause (b) of sub-section (1) of section 29 may adjudge confiscation in relation to any article or currency seized under section 25, if the value of such article or the amount of such currency seized does not exceed Rs. 10,000,000 (Ten Lakh only).

Revision.

20. An application for revision of an order passed by the competent authority under section 32 of the Act shall be made to the Secretary, Ministry of Home Affairs, Government of India, New Delhi on a plain paper. It shall be accompanied by a fee of Rs. 1000 (One Thousand only) in the form of a demand draft or a banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.

Compounding of offence.

21. An application for the compounding of an offence under section 41 may be made to the Secretary, Ministry of Home Affairs, New Delhi on a plain paper and shall be accompanied by a fee of Rs.1000 (One Thousand only) in the form of a demand draft or a banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.

Returns by the Investigating Agency to the Central Government.

22. The Central Bureau of Investigation or any other Government investigating agency that conducts any investigation under the Act shall furnish reports to the Central Government on a quarterly basis, indicating the status of each case that was entrusted to it, including information regarding the case number, date of registration, date of filing charge sheet, court before which it has been filed, progress of trial, date of judgment and the conclusion of each case.

Authority to whom an application or intimation to be sent.

23. Any information or intimation about political or speculative activities of a person as mentioned in rule 3 or rule 4, shall be furnished to the Secretary to the Government of India in the Ministry of Home Affairs, New Delhi. Such information or intimation shall be sent by registered post.

Procedure for transferring foreign contribution to other registered or unregistered persons.

24. (1) Any person intending to transfer the foreign contribution may make an application to the Central Government in Form FC-10.

(2) The Central Government may permit the transfer in respect of a person who has been granted the certificate of registration or prior permission under section 11 of the Act, in case the recipient person has not been proceeded against under any provision of the Act.

(3) Any transfer of foreign contribution shall be reflected in the returns in Form FC-6 as well as in Form FC-10 by the transferor and the recipient.

(4) In case the foreign contribution is proposed to be transferred to a person who has not been granted a certificate of registration or prior permission by the Central Government, the person concerned may apply for permission to the Central Government to transfer a part of the foreign contribution, not exceeding ten per cent, of the total value of the foreign contribution received. The application shall be countersigned by the District Magistrate having jurisdiction in the place where the transferred funds are sought to be utilised. The District Magistrate concerned shall take an appropriate decision in the matter within sixty days of the receipt of such request from the person. The donor shall not transfer any foreign contribution until the Central Government has approved the transfer.

FORM FC-I

[See rule 6]

The Secretary to the Government of India,

Ministry of Home Affairs,

FCRA Wing/Foreigners Division,

“Jaisalmer House”,

26, Mansingh Road,

New Delhi-110 011.

Subject: Intimation to the Central Government of receipt of foreign contribution by way of gift from relative:

1. Name of the recipient in full (in block letters):

2. Date of birth:

3. Name of Father/Husband:

4. Permanent address:

5. P.A.N, of the recipient in India:

6. Amount of foreign contribution received, if it exceeds Rs. 1 lakh or equivalent in a financial year:

7. Amount and the Number of the Bank Draft or telegraphic transfer or other communication including the Bank Details:

8. Income-tax registration number of the relative abroad and the name of the country of residence:

9. Name of the relative and relationship thereof, nationality and passport details:

DECLARATION

I hereby declare that the above particulars furnished by me are true and correct.

Place:

Date:

Signature of the applicant

(Name, in block letters)

FORM FC -2

[See rule 7(1)]

The Secretary to the Government of India,

Ministry of Home Affairs,

FCRA Wing/Foreigners Division,

“Jaisalmer House”,

26, Mansingh Road,

New Delhi-110 01l.

Subject: Application for seeking prior permission of the Central Government to accept foreign hospitality:

[Note: For foreign hospitality availed in case of emergent medical aid situation, intimation to be given on plain paper to the Secretary, Ministry of Home Affairs at the address mentioned in FORM FC-2, within sixty days of such receipt of foreign hospitality.]

1. Name in full (block letters):

2. Date of Birth:

3. Name of father/husband:

4. Present address:

5. Permanent address:

6. Passport particulars (if already in possession):

7. Status: –

(a) Member of Legislature:

(b) Office bearer of a political party:

(c) Judge of Supreme Court/High Court:

(d) Government servant:

(e) Employee of a Company/Corporation:

(f) Any other person or class of persons not specified in section 6

8. Names of countries/places to be visited with duration of stay:

9. The countries and places where foreign hospitality is to be accepted:

10. Duration and purpose of visit to the country(s)/place(s) mentioned in Column 9 with specific dates:

(b) If an Organisation/Institution/Association/Trust/Foundation/Trade Union etc., full particulars thereof including-

(i) Full name and complete address:

(ii) Address of Head office/Principal office:

(iii) Aims and Objects:

(iv) Particulars of important office bearers:

12. @Full particulars, as in Column 11(a) and (b) of the foreign source, in case the actual source extending the hospitality is located in a country other than actually proposed to be visited:

13. Nature and duration of foreign hospitality* proposed to be accepted with specific dates and with specific details:

14. Nature of connection/dealing with the host and/or foreign source extending the hospitality:

15. Approximate expenditure to be incurred on hospitality:

16. Any other information of significance/which the applicant may like to furnish:

DECLARATION

I hereby declare that the above particulars furnished by me are true and correct.

Place:

Date:

Signature of the applicant

(Name, in block letters)

@Delete if not applicable.

FORM FC-3

[See rule 9(1)(a)]

No …………………………………

Date …………………………………

The Secretary to the Government of India,

Ministry of Home Affairs,

FCRA Wing/Foreigners Division,

“Jaisalmer House”,

26, Mansingh Road,

New Delhi-110 011.

Sub: Application for ‘registration’ under section 11(1) of the Foreign Contribution (Regulation) Act, 2010 for the acceptance of foreign contribution by an Association having definite cultural, economic, educational, religious or social programme:

Sir,

I ………………….. on behalf of the Association named hereafter apply for registration of the Association under clause (a) of sub-section (1) of section 6 of the Act for the acceptance of foreign contribution as per details given below:

3. Whether any Member of the Executive Committee/Governing Council etc. of the Association, including the Chief Functionary has, in the discharge of his/her official functions or private conduct:

(a) been convicted by any court of law:

(b) a prosecution for any offence pending against him/her:

(c) been found guilty of diversion or mis-utilisation of funds of the Association or any other Association in the past:

(d) has not been prohibited from accepting foreign contribution:

(e) is a Member or Chief Functionary of any other Association against whom an order under section 13 or 14 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) has been passed:

4. Whether the applicant Association:

(a) is a branch/unit/associate of foreign based organisation or another Association already registered or granted prior permission under the Act. If so, name and address of the parent organisation should be furnished:

(b) attracts section 10 of the Act, if so details of the order passed by the Central Government:

(c) section 11(3) of the Act:

(c) has been directed in terms of section 9(a) of the Act to seek prior permission by the Central Government. If so, the number and date of the relevant order:

(d) had earlier been proceeded against as per provision of the Foreign Contribution (Regulation) Act 1976 (49 of 1976):

5. Whether:

(i)(a) the association was granted prior permission to receive foreign contribution under the Act or the Foreign Contribution (Regulation) Act, 1976 (49 of 1976) in the past. If so, the Ministry of Home Affairs letter number with date granting such prior permission:

(b) whether the account of the receipt and utilisation of the foreign contribution received above was sent to the Central Government in the prescribed Form. If so, the date of submission of the accounts:

(ii) Whether:

(a) the Association has received foreign contribution without the prior permission under the Act in the past. If so, full particulars of the foreign contribution received along with complete address of the bank branch and bank account number in which deposited should be furnished:

(b) said violation has been condoned by the Central Government:

(c) Association has been prohibited from accepting foreign contribution under the Act:

6. Whether the Association is functioning as editor, owner, printer or publisher of a publication required to be registered as “newspaper” under the Press and Registration of Books Act, 1867 (25 of 1867). If so, the details thereof:

7. Whether:

(i) the Association ever applied for registration under the Foreign Contribution (Regulation) Act 2010 (42 of 2010), and if so,

(a) the number & date of submission of application for registration:

(b) the number & date of the last communication, if any, received from the Ministry:

(c) whether registration was refused:

(d) whether application for registration is still pending:

(ii) whether the Association ever applied for prior permission under the Foreign Contribution (Regulation) Act 2010 (42 of 2010), and if so,

(a) the number & date of submission of application for prior permission:

(b) the number & date of the last communication, if any, received from the Ministry:

(c) whether prior permission was refused:

(d) whether application for prior permission is still pending:

(iii) whether the Association has close links with another Association, or its unit or branch which has been,

(a) refused registration/prior permission under the Act:

(b) prohibited from accepting foreign contribution:

8. Details of:

(i) the activities of the Association during the past three years:

(ii) the audited statement of accounts of the Association for the past three years:

(iii) the area(s) of operation:

9. Whether the Association has been specified as an organisation of a political nature, not being a political party, under section 5 of the Act. If so, the details of the notification should be furnished:

10. Details of Bank:

(i) the name and address of the branch of the bank through which the foreign contribution shall be received:

(ii) the account number in the said branch of the bank:

11. Whether the Organisation/Association has been blacklisted/debarred from receiving any aid and/or assistance by any other Ministry/Department of Central Government and/or State Government or Statutory Authority, if so the details thereof:

12. Whether a recommendation certificate from any competent authority is attached, (and if so, the details):

13. Any other information, which the Association may like to furnish:

Yours faithfully,

Signature of the Chief Functionary

[Name of the Chief Functionary in block letters]

(Seal of the Association)

Declaration and Undertaking

I hereby declare that the above particulars furnished by me are true and correct and undertake to:

(i) to inform the Central Government (Ministry of Home Affairs) within thirty days, if any change takes place in regard to the name of the Association, its address, its registration, its nature, its aims and objects together with documentary evidence effecting the change.

(ii) to obtain prior permission for change of Members of the Executive Committee/Governing Council, if, at any point of time, such change causes replacement of 50% or more of such Members as were mentioned in the application No. …………………. Dated ……………… for registration under the Foreign Contribution(Regulation)Act, 2010 (42 of 2010) and undertake further not to accept any foreign contribution except with prior permission till the permission to replace the office-bearer(s) has been granted.

(iii) not to change the Bank and/or branch of the Bank without prior permission of the Central Government [the reason(s)for change of bank or branch of the bank shall have to be relevant and justifiable] and, Note: Proforma for change of Bank (or in the branch of the existing bank where exclusive foreign account number is being maintained) or Bank account is available in Ministry of Home Affairs web site ………………..

(iv) not to accept any foreign contribution unless either registration certificate, as applied for hereinabove, or prior permission of the Central Government under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) is granted.

Place:

Date:

List of enclosures attached

With this application:

1.

2.

3.

Signature of the Chief Functionary

[Name of the Chief Functionary in block letters]

(Seal of the Organisation/Association)

Note:-

1. Receipt of application for registration is not a commitment for grant of registration by the Central Government.

2. An incomplete application i.e., without necessary document(s)/detail(s)/explanation(s) is liable to be rejected summarily.

3. In case the space against any column is insufficient, separate sheet should be attached.

4. Please use BLOCK LETTERS.

5. The application should be signed by the Chief Functionary of the Association.

This is to certify that the …………….. (Name of the Association) having its registered office at …………………. (Address) has been engaged in undertaking welfare activities in its chosen ………………… (Economic, Educational, Cultural, Religious or Social) @ field. Its aims and objects are to

The antecedents of the Association and the Member(s) of the Executive Committee/Governing Council (including the Chief Functionary) have been verified and nothing adverse has come to notice.

2. It has undertaken commendable welfare activities in the area and has incurred substantial expenditure (excluding administrative expenditure) amounting to Rs ……………….. during the last three years on its chosen ………….. (Economic, Educational, Cultural, Religious or Social) field of activity.

3. Grant of registration to the aforementioned Association to accept foreign contribution under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) is recommended.

(Recommending Authority)**

(Seal of the Recommending Authority)

@ Strike out which is not applicable

** (i) District Collector/District Magistrate

(ii) Ministry/Department of the State Government

(iii) Ministry/Department of the Central Government.

FORM FC-4

[See rule 9(2)(a)]

No …………………………………

Date …………………………………

The Secretary to the Government of India,

Ministry of Home Affairs,

FCRA Wing/Foreigners Division,

“Jaisalmer House”,

26, Mansingh Road,

New Delhi-110 011.

Sub: Application for ‘prior permission’ under sub-section (2) of section 11 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) for the acceptance of foreign contribution by an Association having definite cultural, economic, educational, religious or social programme:

Sir,

I…………………………………., as an individual*, Hindu Undivided Family/association/company registered under section 25 of the Companies Act 1956 (1 of 1956), furnish the following details and apply for prior permission of the Central Government for the acceptance of foreign contribution under the proviso to sub-section (2) of section 11 of the Act:

(a) Main aim(s) and object(s) of the Association (enclose a copy of the Memorandum of Association and/or the Articles of Association, if applicable);

(b) Main object(s) and definite programme(s) for which the foreign contribution is to be accepted/utilised:

(v) Details of names and addresses of the members of the Executive Committee/Governing Council etc. of the Association, starting with the Chief Functionary, in the following table:

Sl. No.

Name

Name of father/

husband

Nationality

Occupation with address of place of work (at the time of filing the application. Phone/mobile no. if available)

Post held in the Asso-

ciation

Relationship

with other Member(s)

of the Exe. Council/

Governing body

Address for correspondence

(vi) If this association is branch/unit/associate of any organisation based abroad or of another association already registered or granted prior permission under the Act, the name and address of the parent organisation:

2. Details of Fee: An amount of Rs. ………………………….. (Rupees in words ………………….) towards obtaining prior permission for receipt of foreign contribution is remitted by way of demand draft/bankers cheque drawn in favour of the “Pay and Accounts Office, Ministry of Home Affairs viz. DD No. ………………… dated …………….. Name of the Bank ………………….

3. Whether any Member of the Executive Committee/Governing Council etc. of the Association, including the Chief Functionary has, in the discharge of his/her official functions or private conduct**:

(a) been convicted by any court of law:

(b) a prosecution for any offence pending against him/her:

(c) been found guilty of diversion or mis-utilisation of funds of the Association or any other Association in the past:

(d) has been prohibited from accepting foreign contribution:

4. Whether:

(i) the Association ever applied for registration under the Foreign Contribution (Regulation) Act 2010 (42 of 2010), and if so,

(a) the number & date of submission of application for registration:

(b) the number & date of the last communication, if any, received from the Ministry:

(c) whether registration was refused:

(d) whether application for registration is still pending:

(ii) whether the Association ever applied for prior permission under the foreign Contribution (Regulation) Act 2010 (42 of 2010), and if so, –

(a) the number & date of submission of application for prior permission:

(b) the number & date of the last communication, if any, received from the Ministry:

(c) whether prior permission was refused:

(d) whether application for prior permission is still pending:

(iii) whether the Association has close links with another Association, or its unit or branch which has been,

(a) refused registration/prior permission under the Act:

(b) prohibited from accepting foreign contribution:

5. Whether the applicant Association:

(a) is a branch/unit/associate of foreign based organisation or another Association already registered or granted prior permission under the Act. If so, name and address of the parent organisation should be furnished:

(b) attracts section 10 of the Act, if so details of the order passed by the Central Government:

(c) attracts sub-section 3 of section 11 clause (a) of the Act:

(d) has been directed in terms of clause (a) of section 9(a) of the Act to seek prior permission by the Central Government. If so, the number and date of the relevant order:

(d) had earlier been proceeded against as per the provisions of the Foreign Contribution (Regulation) Act 1976 (49 of 1976):

6.Whether:

(i)(a) the association was granted prior permission to receive foreign contribution under the Act . If so, the Ministry of Home Affairs letter number with date granting such prior permission:

(b) whether the account of the receipt and utilisation of the foreign contribution received above was sent to the Central Government in the prescribed FC-3 Form. The date of submission of the accounts be indicated:

(ii) Whether : (a) the Association has received foreign contribution without the prior permission under the Act in the past. If so, full particulars of the foreign contribution received along with complete address of the bank branch and bank account number in which deposited should be furnished:

(b) said violation has been condoned by the Central Government:

7. I affirm that the applicant Association is not an owner, printer, publisher, editor of a publication which is registered as “newspaper” under the Press and Registration of Books Act, 1867 (25 of 1867).

8. I affirm that the applicant association is not engaged in the production or broadcast of audio/visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000) or any other mode of mass communication.

9. I affirm that the Organisation/Association has not been blacklisted/debarred from receiving any aid and/or assistance by any other Ministry/Department of Central and/or State Government or Statutory Authority.

10. I am enclosing the documents showing the detailed activities of the association during the past three years.

11. I am enclosing the copies of audited statement of accounts of the association for the past three years duly certified by the Chartered Accountant

12. Data on commitment receipt from donor:

(a) Nature (cash/kind) and value of the foreign contribution to be received:

(b) Purpose for which foreign contribution is proposed to be received and utilised indicating the geographical area(s) to be covered:

(c) A copy of the latest commitment letter from the donor is furnished:

(d) A copy of the proposal/project which has been approved by the foreign source for funding, including projected outlays, budget breakups is enclosed.

13. Details of Bank:

(i) Name and address of the branch of the bank through which the foreign contribution is proposed to be received:

(ii) The account number in the said branch of the bank:

14. Details of foreign source/sources*** from which the foreign contribution is proposed to be received:

(i) If an individual, the personal particulars including name, present address, permanent address, nationality and profession:

(ii) If an organisation/institution/association/trust/trade union etc. full particulars thereof, including

(a) Full name and complete address:

(b) Address of the Head Office/Principal Office

(c) Particulars of Chief Functionary and Important Office Bearers:

(iii) Whether the foreign source is a Government of a Foreign Country or agency thereof, if so, give details:

Yours faithfully,

Signature of the Chief Functionary

[Name of the Chief Functionary in block letters]

(Seal of the Association)

Declaration and Undertaking

I hereby declare that the above particulars furnished by me are true and correct and undertake to:

(i) to inform the Central Government (Ministry of Home Affairs) within thirty days, if any change takes place in regard to the name of the Association, its address, its registration, its nature, its aims and objects together with documentary evidence effecting the change.

(ii) to intimate within thirty days regarding the change of Members of the Executive Committee/Governing Council, if, at any point of time, such change causes replacement of 50% or more of such Members as were mentioned in the application no. ……………………. Dated ………………….. for registration under the Foreign Contribution (Regulation)Act, 2010 (42 of 2010) and undertake further not to accept any foreign contribution except with prior permission till the permission to replace the office-bearer(s) has been granted.

(iii) not to change the Bank and/or branch of the Bank without prior permission of the Central Government [the reason(s) for change of bank or branch of the bank shall have to be relevant and justifiable] and,

Note: Proforma for change of Bank (or in the branch of the existing bank where exclusive foreign account number is being maintained) or Bank account is available in Ministry of Home Affairs web site……………………

(iv) not to accept any foreign contribution unless either registration certificate, as applied for hereinabove, or prior permission of the Central Government under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) is granted.

Place:

Date:

List of enclosures attached with this application:

1.

2.

3.

Signature of the Chief Functionary

[Name of the Chief Functionary in block letters]

(Seal of the Organisation/Association)

Instructions for filling up the form:

*Please strike off whichever is not applicable. The same instruction applies in respect of choices provided elsewhere in this form.

** If any of the replies to the four parts in item 3 is “yes”, then full details of the case including the present status of the case must be given, if required on a separate page.

*** If the foreign contribution, whether currency or article, is to be received from any person or association who has received the same as first, second or subsequent recipient, particulars of such person or association should be given against column 11 above.

1. Receipt of application for prior permission is not a commitment for approval by the Central Government.

2. An incomplete application i.e., without necessary document(s)/detail(s)/explanation(s) is liable to be rejected summarily.

3. In case the space against any column is insufficient, separate sheet should be attached.

This is to certify that the ……………………… (Name of the Association) having its registered office at ……………. (Address) has been engaged in undertaking welfare activities in its chosen …………….. (Economic, Educational, Cultural, Religious or Social)@ field. Its aims and objects are to

The antecedents of the Association and the Member(s) of the Executive Committee/Governing Council (including the Chief Functionary) has been verified and nothing adverse have come to notice.

2. It has undertaken commendable welfare activities in the area and has incurred substantial expenditure (excluding administrative expenditure) amounting to Rs …………………. during the last three years on its chosen ……………. (Economic, Educational, Cultural, Religious and Social) field of activity.

3. Grant of prior permission to the aforementioned Association to accept foreign contribution under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) is recommended.

(Recommending Authority)**

(Seal of the Recommending Authority)

@ Strike out which is not applicable

** (i) District Collector/District Magistrate

(ii) Ministry/Department of the State Government

(iii) Ministry/Department of the Central Government.

FORM FC-5

[See rule 12(2)]

The Secretary to the Government of India,

Ministry of Home Affairs,

FCRA Wing/Foreigners Division,

“Jaisalmer House”,

26, Mansingh Road,

New Delhi-110 011.

Sub: Application for seeking renewal of ‘registration certificate’ under section 13 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010). (Application for renewal to be submitted six months before the date of expiry of the certificate of registration):

Dear Sir,

I ………………………………… on behalf of the Association named hereafter apply for seeking renewal of ‘registration certificate’, as per details given below:

8. Details of Fee: An amount of Rs. …………………. (Rupees in words ………………….) towards renewal of registration is remitted by way of demand draft/bankers cheque drawn in favour of “Pay and Accounts Officer, Ministry of Home Affairs viz., DD/Bankers Cheque No…………… dated …………….. Name of the Bank ……………………

9. Whether the organisation/Association has been blacklisted/debarred from receiving any aid and/or assistance by any other Ministry/Department of Central and/or State Government or Statutory Authority. If so, the details thereof:

10. Any other information which the Association may like to furnish:

I hereby declare that the information furnished above is true and correct.

Signature of the Chief Functionary

[Name of the Chief Functionary in block letters]

(Seal of the Association)

FORM FC-6

[See rule 17(1)]

The Secretary to the Government of India,

Ministry of Home Affairs,

FCRA Wing/Foreigners Division,

“Jaisalmer House”,

26, Mansingh Road,

New Delhi-110 001.

Subject: Account of Foreign Contribution for the year ending on the 31st March …………………

4. Name and address of the designated branch of the Bank and account number (as specified in the application for registration/prior permission or permitted by the Central Government).

A/c No : ……………………………………………………..

Bank : ………………………………………………………..

Branch : ………………………………………………… …..

Address :……………………………………………………………………………………………

5. Donor wise receipt of foreign contribution:

Sl. No.

Institutional/individual/other donors

Name(s) & address(es)

Purpose(s)

Date & month of receipt

Amount

1.

2.

3.

4.

5.

6.

(i) From institutional donors:………………………………..

(ii) From individual donor(s), above Rupees One lac: ………………………….

(iii) From individual donor(s), below Rupees One lac: …………………………

Total (i)+(ii)+(iii)] :

Declaration

I hereby declare that the above particulars furnished by me are true and correct. I also affirm that the foreign contribution has been utilised for the purpose(s) for which the Association has been granted registration or prior permission by the Central Government, to the best of my knowledge. I have not concealed or suppressed any fact.

Place:

Date:

Signature of the Chief Functionary

(Name of the Chief Functionary in block letters)

(Seal of the Association)

Certificate to be given by Chartered Accountant

I/We have audited the account of…………………………… (name of Association and its full address including State, District and Pin Code, if registered society, its registration number and State of registration) for the year ending the 31st March …………………. and examined all relevant books and vouchers and certify that according to the audited account:

(i) the brought forward foreign contribution at the beginning of the year was Rs………………….;

(ii) foreign contribution of/worth Rs. …………………… was received by the Association during the year…………………….;

(iii) the balance of unutilised foreign contribution with the Association at the end of the, year………………. was Rs………

(iv) Certified that the Association has maintained the accounts of foreign contribution and records relating thereto in the manner specified in section 19 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) read with rule 16 of the Foreign Contribution (Regulation) Rules, 2011.

(v) The information in this certificate and in the enclosed Balance Sheet and statement of Receipt and Payment is correct as checked by me/us.

Place:

Date:

Signature of Chartered Accountant

(Seal, Address and Registration number)

FORM FC-7

[See rule 17(3)]

The Secretary to the Government of India,

Ministry of Home Affairs,

FCRA Wing/Foreigners Division,

“Jaisalmer House”,

26, Mansingh Road,

New Delhi-110 011

Subject: Intimation about Foreign Contribution (Articles) Account:

DESCRIPTION OF THE ARTICLE:……………………………….

Receipt

Utilisation/Disposal

Date

Name and address of the person form whom received

Mode of receipt

Purpose of receipt

Quantity received

Approxi-mate value of articles received

Date of intimation sent to the Central Govern-ment

Date

Name and address of the person to whom issued sold or other-wise transf-erred

1

2

3

4

5

6

7

8

9

Quantity

Purpose for which issued or otherwise transferred

Utilised by the Organis-ation

sold

Otherwise transferred

if sold then amount for which sold

Reference to entry in the Foreign Contribu-tion (Currency) Account

Balance in Stock

10

11

12

13

14

15

16

DECLARATION

I hereby declare that the above particulars furnished by me are true and correct.

Place:

Date:

Signature of the Chief Functionary

(Name of the Chief Functionary in block letters)

(Seal of the Association)

Certificate to be given by Chartered Accountant

I/We have audited the account of ………….. (name of Association and its full address including State, District and Pin Code, if registered society, its registration number and State of registration) for the year ending the 31st March ………….. and examined all relevant books and vouchers and certify that according to the audited account:

(i) the brought forward foreign contribution, in kind, at the beginning of the year was Rs. …………………………..;

(ii) foreign contribution, in kind worth Rs. ……………was received by the Association during the year ………..;

(iii)(a) the balance of unutilised foreign contribution, in kind, with the Association at the end of the year …………. was worth Rs. ………………_;

(b) That the whole of foreign contribution received in kind has been utilised, leaving no balance at the end of the financial year (strike out whichever is not applicable)

(iv) Certified that the Association has maintained the accounts of foreign contribution and records relating thereto in the manner specified in section 13 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) read with sub-rule (1) of rule 8 of the Foreign Contribution (Regulation) Rules, 2011.

(v) The information in this certificate and in the enclosed Balance Sheet and statement of Receipt and Payment is correct as checked by me/us.

Particulars of permission of the Reserve Bank of India to acquire or to hold Foreign securities

Particulars of intimation sent to the Central Government

Date

Dividends or interest received

Dates upto which dividend or interest has been received.

1

2

3

4

5

6

7

8

9

10

Details of dividends/interest received

Reference

to the

Credit

entry in the Foreign Contri-bution Currency Account

Date

Name and address of the

person to whom

sold/

transf-

erred

Total No. of Securities sold/

transf-erred

Distingui-

shing

no. of

each

security transf-

erred

Total amount for which sold/

transferred

Particulars

of

permission of the

RBI

to sell/

transfer securities

Particulars

of intimation sent

to the

Central Government

Reference

to the

entry

in the Foreign Contri-bution Currency Account.

11

12

13

14

15

16

17

18

19

DECLARATION

I hereby declare that the above particulars furnished by me are true and correct.

Place:

Date:

Signature of the Chief Functionary

(Name of the Chief Functionary in block letters)

(Seal of the Association)

Certificate to be given by Chartered Accountant

I/We have audited the account of ……………………. (name of Association and its full address including State, District and Pin Code, if registered society, its registration number and State of registration) for the year ending the 31st March ………………… and examined all relevant books and vouchers and certify that according to the audited account:

(i) the brought forward investment(s) in securities at the beginning of the year was Rs ………………..;

(ii) that further investment(s) in securities worth Rs. ………………… was made by the Association during the year ……………..;

(iii) the total value of investment in securities made by the Association at the end of the year …………… was worth Rs ……………………..;

(iv) Certified that the Association has maintained the accounts of foreign contribution and records relating thereto in the manner specified in Section 13 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) read with sub-rule (1) of rule 8 of the Foreign Contribution (Regulation) Rules, 2011.

(v) The information in this certificate and in the enclosed Balance Sheet and statement of Receipt and Payment is correct as checked by me/us.

Place:

Date:

Signature of Chartered Accountant

(Seal, Address and Registration number)

FORM FC-9

[See rule 18)

The Secretary to the Government of India,

Ministry of Home Affairs,

FCRA Wing/Foreigners Division,

“Jaisalmer House”,

26, Mansingh Road,

New Delhi-110 011.

Subject: Intimation to the Central Government of Receipt of Foreign Contribution received by a candidate for Election [section 21 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010):

(EveryCandidate for election shall intimate to the Central Government, within 45 days from the date on which he is duly nominated as a candidate for election, the details of the foreign contribution received by him, any time within 180 days immediately preceding the date of his nomination, in Form FC-9)

1. Name in full (in block letters):

2. Date of birth:

3. Name of father:

4. Present Address:

5. Permanent Address:

6. Date on which duly nominated as a candidate for election to a Legislature and particulars of Legislature:

(See section 21 of the Act)

7. Full particulars of foreign contribution received within 180 days Immediately preceding the date on which duly nominated as a candidate for election:

8. Nature (cash and/or kind) and full details of foreign contribution including value:

9. The mode, channel of receipt:

10. Purpose for which contribution was received:

11. Particulars of the foreign source from which contribution received:

(b) If an Organisation/Institution/Association/Trust/Foundation/Trade Union etc. full particulars thereof including:

(i) Full name and complete address.

(ii) Address of Head Office/Principal Office.

(iii) Aims and objects.

(iv) Particulars of important office bearers.

12. Nature of connection/dealings with the foreign source(s):

13. Details of actual utilisation of the contribution:

(a) Specific purposes for which utilised.

(b) Full description of the manner in which utilised.

14. Any other information of significance which the applicant may like to furnish:

Declaration

I hereby declare that the above particulars furnished by me are true and correct.

Place:

Date:

Signature of the candidate

(Name, in block letters)

Certificate

Certified that the above declaration was signed by Smt/Shri/Ku …………………… S/o …………… resident of …………… a candidate for election to

(*) ………………… before me. on this date day of month & year.

Signature

(Name, in block letters)

Designation

(to be signed by a Group A Gazetted Officer** or 1stClass Magistrate).

*Here specify ‘Legislature’ as defined in section 21 of the Act.

**of the State/Central Government.

FORM FC-10

[See rule 24(1)]

The Secretary to the Government of India,

Ministry of Home Affairs,

FCRA Wing/Foreigners Division,

“Jaisalmer House”, 26, Mansingh Road,

New Delhi-110 011.

Subject: Application for seeking permission for transfer of foreign contribution to other registered/un-registered persons:

Sir,

I………………………………….., on behalf of the Association named hereafter apply for seeking permission of the Central Government under section ……………. of Foreign Contribution (Regulation) Act, 2010 (42 of 2010) for transfer of foreign contribution to other registered/unregistered persons, as per details given below: